The Constitution (One-Hundred and Twenty-Second Amendment) Bill, 2014 currently pending consideration of the Parliament seeks to usher a new indirect tax regime in India purported as the ‘Goods and Service Tax' The avowed intent of this Amendment Bill, in terms of its “Statement of Objects...

In its decision in the case of Lisboagás (C-256/14) the European Court of Justice (‘ECJ') adverted to the issue whether other taxes paid by the supplier and collected from the receiver on actual basis are required to be added to determine the taxable value for VAT purposes. The ECJ in this...

Fiscal legislations have, more often than not, been treated as a class in themselves in so far as the principles of statutory interpretation are concerned. The differences in their intent and application, contrasted from other legislations, is such that distinct principles have been evolved on...

As the name suggests, “Consignment Taxes” imply taxes on consignment. In India these are also colloquially understood as taxes on ‘stock-transfer' of goods which is how most consignment of goods are effected in the country. These essentially relate to movement of goods from one territory...

Tarun Jain sets forth an extensive survey and analysis of the Indian tax law as it relates to tax avoidance, considering both the judicial and legislative approaches to these issues. The author first describes the central role of Indian tax jurisprudence in developing and implementing an anti...

In its decision rendered recently, the European Court of Justice (‘ECJ') in the case of Tibor Farkas (C-564/15) has addressed an important issue relating to liability of recipients under the provisions of the European VAT regulations (as implemented in Hungry) and the penal consequence which...

In its decision rendered recently, the European Court of Justice (‘ECJ') in the case of Commissioners for Her Majesty's Revenue and Customs v. Brockenhurst College (C-699/15) has addressed an important issue relating to scope of exempt services and extending such exemption to “closely...

In its decision rendered recently, the European Court of Justice (‘ECJ') in the case of Litdana UAB (C-624/15, decision dated 18.05.2017) has dealt with a crucial issue as to the position of the right of output supplier in the context of his compliance vis-à-vis the non-compliance on the part...

The reform process for the indirect taxation regime in India has been ongoing for some time, with the prevailing view being that simplification of tax regime and a principle-laden approach was an essential concomitant in the outlook of a developed nation. Much debate has ensued and during the...

The unbridled intent to maximize the return for shareholders has earned an enviable place for the tax-planning fraternity in corporate structuring deliberations. More often than not, elevating the trend akin to an axiomatic proposition, cross-border transactions are tested for tax-efficiency...